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Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
.... by the Appellate Tribunal is a legal sentence under sections 395/397 of the Penal Code. 5. In this appeal we are called upon to consider only the first point because in the absence of any sentence passed under section 397 of the Bangladesh Penal Code, the second point does not call ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......and follow, as nearly as possible, the same procedure as are vested in and followed by the High Court Division under the Code. (6) Where a Special Tribunal passed a sentence of death, the proceedings shall be submitted forthwith to the Appellate Tribunal and the sentence shall not be e..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....udgment of the High Court Division in Writ Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority. Facts in short relevant for disposal of the appeal are that the res......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......case started against him. The question of application of the rule of double jeopardy may be examined from another aspect. If the delinquent employee is found guilty of the charge in a departmental proceeding, for which the maximum punishment may be 'dismissal', whereas if he is found guilty..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... 3. The factual aspect of this case is that the respondent officer was asked to submit an estimate in November 1973 by the Superintending Engineer. In turn he asked whether there has been any Government approval. Thereafter no reminder was given nor the respondent officer was aske......n my part nor any delay in execution and completion of electrical works to the satisfaction of all concerned. I faithfully followed the instruction of the superior authority at any stage. No financial loss of the Government involved either. So the question of misconduc...... of taking up the works he wrote to the Superintending Engineer to forward a copy of administrative approval of the proposed construction. Exception was taken for such step and a departmental proceeding was drawn up as to why he should not be dismissed from service or otherwise suitab..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....bsp; Badrul Haider Chowdhury J.-This appeal by special leave arises out of a judgment passed by a Division Bench of the High Court in Company Appeal No. 6 of 1968. 2. The Income Tax Officer, Companies Circle, made an......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......he Income Tax Act which runs, thus: "67. No suit shall' be brought in any Civil Court to set aside or modify any assessment made under this Act, and no prosecution, suit or other proceeding shall lie against any officer of the government for anything in good faith done or inte..Category: Fiscal/Taxation Law | Date: | Hits: 85
....of the requirement of drawing up formal proceeding against him, that the investigation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he received charge-sheet on September 9......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......e University godown but were stored in the private godown of a Contractor. His grievances were that the order of suspension was passed against him in disregard of the requirement of drawing up formal proceeding against him, that the investigation committee was illegally constituted, and that he was ..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....that question in view of the fact that the Martial Law Regulation by which the amendments have been made to implicate the President in an offence under Regulation No. XI is immune from challenge in any Court." The learned Judges considered the decision of this Court reported in 30 DLR (AD) 207......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......member to be appointed by the Government from among persons who are or have been Judges of the Supreme Court of or any High Court that functioned at any time in the territory of Bangladesh. (3) All proceedings of Special Martial Law Courts shall be submitted to the Government for review, and all..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....he High Court Division while allowing the revisional application and restoring the order of the trial Court made no observation or finding as to the merit of the case and so the appellant did not get any consideration on the merit of his case at the appellate stage, and the learned Judge restored th......ty can be cured, if during trial the pre-maturity is cured with registration of the Deed, otherwise the pre-maturity will remain. In this case the question of pre-maturity was raised at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have bee......he pre-emption was allowed and on appeal which was heard by the lower appellate Court, it was allowed on the ground that the petition for pre-emption was filed on 22nd April, 1974 and the pre-emption proceeding was allowed on 31st May, 1975, and the document, in question, was registered on 21st June..Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....ow: "(1) Any application for distribution or investment of such money shell be by motion (2) ... (3) The Judge may, if he thinks fit, direct any application for distribution or investment to be heard on pleadings, (4) Evidence on s......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedings in Prize Suit Nos.1-5 of J965, 6-7 of 1965 and 17-30 of 1965 to the Public Account of t..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....vil Procedure Code is not applicable to an order in a pre-emption case, still restitution may be available under section 151 of the Code in exercise of the inherent power of the court to pass any order at its discretion to meet the ends of justice. In support of these contentions he has ref......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......principle of restitution as provided in section 144 should not be applicable in the case of reversal of an erroneous order by which a person had been deprived possession of his property, in a civil proceeding which ends with an order having the force of a decree. 5. In English law as to re..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....Appellants Vs. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......t was found that the authorities are constituted by the Legislature and they are empowered to deal with the disputes brought before them by aggrieved persons. The scheme of the Act, the nature of the proceeding brought before the appellate and the revisional authorities, the extent of the claim invo..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
.... Present: Kemaluddin Hossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager Jamuna Oil Company Ltd........................Appellant Vs. Golap Rahman & another…............dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......on of worker under the Employment of Labour (Standing Orders) Act, 1965 as a Tanker is not an Industrial Establishment under the said Act; 2. Non-consultation of a member had vitiated proceeding; 3. Ext. A (1) of the evidence has excluded the respondent from the category ..Category: Labour and Industrial Law | Date: | Hits: 97
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....at the impugned inquiry came within the purview of section 435 of the Code, we do not think it is further necessary to decide whether the Sessions Judge has apart from the provisions of the Code, any general powers of supervision or control over the Magistrate. The impugned inquiry ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......; Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment and order passed by the High Court Division in Criminal Revision No. 539 of 1978 refusing quashment of the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of the Sessions Judge, Bake..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....om the aforesaid provision, the Constitution in Article 7 provides, amongst others, that the Constitution is the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inc......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......consistent with the Constitution of fundamental rights ultra vires. The Supreme judiciary has also been conferred with the power of judicial review of executive acts and other judicial acts aid proceedings of subordinate Courts or tribunal under Article 102. 6. After briefly ascertaining t..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....egotiation. 7. Defendants appealed against the decree. Leave was granted to consider the question whether the suit was maintainable under section 6 of the Admiralty Court Act and whether there was any maritime lien which could be enforced against the subsequent purchaser of the vessel who happene...... Carrying from storage godown to crushing mill ... 3,24,000 3. Crushing, washing, etc. for making goods marketable 8,64,000 4. Wastage during crushing, washing, etc. 4,63,000 5. Demurrage for b......rties cannot by agreement confer lien status on a claim which is not by nature a lien. An action in rem is brought against the vessel whereas action in personam is against the owner. The lien and the proceeding in rem are co-relative; where one exists the other can be taken and not otherwise. In the..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
.... peace which is apparent from the record, the exercise of the Magistrate's jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pass any final order regarding possession till the disposal of the suit by the trial court. Let t......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......; Kemaluddin Hossain CJ.- Leave was granted at the instance of Second Party-appellant to consider whether the Magistrate was well founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....question of law which was framed as under: “Whether on the facts and in the circumstances of the case the Tribunal was justified in its decision that dividend income from a company whose profit is exempt from tax under section 15-BB of the Income Tax Act is exempt from tax i......ax-holiday profits but no unabsorbed tax-holiday losses can be carried forward to be adjusted against profits from non-tax holiday period. (c) If the Income Tax Officer finds at a later stage that the conditions on the premises of which tax-holiday was granted have not been fulfilled...... 6. "Assessee” is defined in section 2(2) which means a person by whom income tax or any other sum of money is payable under this Act, and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or of the loss sustained ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....owner of the said properties acquired by exchange. She paid the government revenue and municipal taxes regularly. That the plaintiff had no interest in the said property nor did he ever claim any such interest will be evident from the property statement made by him to the Income-Tax Departm......ndant. It does not appear even that he asserted that the defendant was his benamdar. None of the two witnesses examined by him witnessed the transaction of acquiring the Park Street property. They staged that subsequent to the transfer of Park Street property they were told by the plaintiff......e also alleged that the plaintiff started ill-treating her and attempted to assault her and this led her to take recourse to Criminal Court under section 107 of the Code of Criminal Procedure, and proceedings was drawn up against the plaintiff. Then their relationship further deteriorated. The d..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....o criminal cases pending in ordinary Criminal Courts and Special Tribunals. Regulations 7B reads as under:— "7B. Fresh trial of withdrawn cases.— Notwithstanding anything contained in the Code or in any other law for the time being in force any case which was ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......s competent to pass the order vacating the previous order allowing withdrawal of the case and tending the case records to the Chief Martial Law Administrator for action. 2. Two criminal proceedings were initiated against the appellant along with others who had been change sheeted in o..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....lip;.Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565; Lodli Prashad vs. Karnal Distillery Company, 17 D.L.R. (S.C.) 52; In re: Yenidje Tobacco Company Limited, 1916 (2) CA, 426; Loch Vs. J......; 7. Zahiruddin Ahmed then proceeded to call a general meeting of the Company bat at that stage Rahimuddin Ahmed filed Title Suit No. 259 of 1973 in the same Court of the Munsif, and obtain......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....an employee of the D.I.T., his terms and conditions of service is regulated by the Act itself and the rules framed there under. Invocation of section 18 of the Standing Orders Act was unjustified and any privilege granted by the Act cannot be claimed by an employee of the D.I.T……………(10) ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......ement Trust (DIT), He was tried by Special Magistrate on a criminal charge but was acquitted on the ground that' the case was triable by the ordinary criminal Court. Thereafter the departmental proceeding was initiated against him which is still pending. He, however, filed an application und..Category: Labour and Industrial Law | Date: | Hits: 108
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